Tag: Civil procedure Nigeria
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Non-Service of Garnishee Order Nisi: Supreme Court Clarifies Burden of Proof in VITACHEM v. DSM SINOCHEM (2026)
The Supreme Court in VITACHEM (Nig) Ltd v DSM Sinochem Pharmaceuticals India Pvt Ltd (2026) clarified the consequences of alleging non-service of a garnishee order nisi. The Court emphasized that allegations of non-service must be supported by clear affidavit evidence and cannot be raised through counsel’s argument.
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The Law on Arrest of Judgment in Nigerian Courts
Arrest of judgment is a concept largely associated with criminal procedure and is generally unknown to Nigerian civil proceedings. This article examines the position of Nigerian courts on attempts to prevent the delivery of a reserved judgment.
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Capacity to Sue and Be Sued in Nigerian Law
Capacity to sue and be sued is a fundamental requirement in Nigerian law because it affects the jurisdiction of the court. This article explains who can institute or defend a lawsuit and the legal consequences where capacity is lacking.